What is Whistleblower Protection Bill, 2011 ?
The Whistleblower Protection Bill, 2011 (also known as the Public Interest Disclosure and Protection to Persons Making the Disclosures Bill, 2011) is a bill that was introduced in the Indian parliament to provide legal protection to whistleblowers who report misconduct or corruption in the government or in public-private organizations. The bill was passed by the Lok Sabha in February 2014 but is still pending in the Rajya Sabha.
The bill provides a legal framework to protect whistleblowers from retaliation by their employer and also to investigate and penalize those who make false or frivolous complaints. The bill defines a whistleblower as "a person who makes a disclosure in good faith of any impropriety, misconduct, criminal offence or any other action taken by any public servant."
The main objective of the bill is to ensure that whistleblowers are not subject to any kind of victimization, and to provide them with the necessary legal safeguards. The bill provides for the setting up of a mechanism for the receipt, inquiry into and disposal of complaints, as well as a mechanism for providing protection to whistleblowers from victimization. The bill also provides for the establishment of a Public Interest Disclosure and Protection Authority (PIDPA) at the Centre and the States.
The bill also provides for the establishment of a Vigilance Commission for inquiring into the complaints related to corruption, wilful misuse of power or wilful misuse of discretion against the public servant.
It is important to note that even though the bill was passed, it is not yet law, and the protection for whistleblowers may not be entirely adequate. There have also been concerns raised that the bill may not have enough teeth to ensure the safety and protection of whistleblowers who come forward.
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